Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
06/08/2004
Opinion Number:
04-09
Title:
ADVERTISING NECESSITY OF LOCAL COUNSEL
Opinion:
You practice in a border county and advertising by lawyers from the neighboring state, both in print and by television, regularly covers your county. Lawyers from the neighboring state regularly solicit and represent Iowa residents in Iowa Courts even though not admitted in Iowa. You wish to include in your firm’s advertisements a notice that if a lawsuit is filed in an Iowa Court, one of the lawyers for a litigant must be admitted to the practice of law in Iowa. The language you propose is:
“If you are going to appear as a party in court in Iowa, and you are represented by counsel, one of your counsel must be admitted to practice law in the State of Iowa.”
The proposed language would give notice of the requirement of Iowa Supreme Court Rule 31.14 concerning pro hac vice admission before Iowa courts and administrative agencies which requires that for an attorney admitted in any state, but not admitted in Iowa, to pursue an action in Iowa that he or she:
“…must promptly file with the clerk of such court the written appearance of a resident attorney admitted to practice in this state upon whom service may be had in all matters connected with said cause or matter with the same effect as if personally made upon the attorney not admitted to practice in Iowa….”
Although the notice you propose is not included in the permitted items of advertising content set out in DR 2-101(C) of the Iowa Code of Professional Responsibility for Lawyers, it is nevertheless an accurate statement of an applicable Supreme Court Rule. The proposed notice is neither false, deceptive, unfair, or unverifiable, and its inclusion in your firm’s advertisements would not be inappropriate.